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NO. 03-14-00633-CR

STATE OF TEXAS § IN THE COURT OF APPEALS 

§

v. § THIRD DISTRICT 

§

JOHN ALLEN WACHTENDORF § AUSTIN, TEXAS 

 MOTION FOR EXTENSION OF TIME TO FILE BRIEF 

NOW COMES THE STATE OF TEXAS, Appellant, by and through her 

Assistant District Attorney, and moves the Court, pursuant to Texas Rule of Appellate 

Procedure 38.6(d), to extend the deadline for filing the State’s brief. In support of its 

motion, the State would show the Court the following: 

1. The State’s Brief in this case is due on February 16, 2015.

2. No previous extensions of time have been requested by the State or granted by this 

Court. 

3. The undersigned Assistant District Attorney, assumed the duties of the appellate 

prosecutor for the Williamson County District Attorney’s Office on November 3, 

2014. 

4. The undersigned is the sole Assistant District Attorney in the Williamson County 

District Attorney’s Office assigned to the appellate division, and must, in addition 

to handling writs and direct appeals, advise the trial prosecutors on motions to 

ACCEPTED

03-14-00633-CR

4133786

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/12/2015 4:27:02 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/12/2015 4:27:02 PM JEFFREY D. KYLE Clerk
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suppress, jury charges, issues that arise during trial, and other legal matters as they 

come up during the course of the prosecution of a case.

5. Upon assuming office, the undersigned Assistant District Attorney found numerous 

matters unresolved by his predecessor, many of which appear to have been

unattended for some time, and to which he must now attend. These include the 

following Writs of Habeas Corpus: Ex Parte Markum Woodrow Peavey WR70,212-03, 08-1604-K26A, Ex Parte Cory Dale Morgan WR-81,867-01, 12-1212-

K368A, Ex Parte Stephen Farrell Eikelboom, WR-81,534-01, WR-81,534-02, WR81,534-03, Ex Parte Robert Brown, 05-307-K277A, Ex Parte Austen Joseph Ross, 

07-379-K368A, Ex Parte David Wayne Grasman 03-168-K277A, Ex Parte Beau 

Prestidge 08-1340-K368A, Ex Parte Antonio Gonzalez Rodriguez 00-430-K368B, 

Ex Parte Scott Patrick Hudson 09-1620-K277A, Ex Parte Robert Jesse Padilla 06-

921-K368A, Ex Parte Johnny Moreno 07-712-K368B, Ex Parte Dionisio Balderas 

Moreno 07-469-K368B, Ex Parte Daniel Robert Lock 97-780-K277A, and Ex 

Parte Robert Carlos Campos 08-1015-K26A.

6. On January 29, 2015, the undersigned Assistant District Attorney filed a State’s 

Response to Appellant’s Motion to Dismiss in this cause.

7. Since assuming his position, the undersigned Assistant District Attorney has filed

answers to applications for writs of habeas corpus in Ex Parte Edward Lamonyne 
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King 10-1235-K26A, and Ex Parte Daniel Robert Lock 94-085-K277A, affidavits, 

supplemental documentation, and/or proposed findings of fact and conclusions of 

law regarding applications for writs of habeas corpus in Ex Parte Stephen Farrell 

Eikelboom, WR-81,534-01, WR-81,534-02, WR-81,534-03, Ex Parte Robert 

Brown WR-71,460-4, and Ex Parte Antonio Gonzalez Rodriguez 00-430-K368B, 

obtained and filed an affidavit requested by the Court of Criminal Appeals in Ex 

Parte Cory Dale Morgan WR-81,867-01, 12-1212-K368A. 

8. The State still has a variety of appeals and writs of habeas corpus to which he must

respond.

9. For the foregoing reasons, The State respectfully requests that the deadline for 

filing its brief in the above stated cause be extended for an additional sixty (60)

days from the current due date of February 16, 2015, to April 17, 2015.
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WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully 

requests that this Court grant its motion for an extension of time and extend the State’s 

deadline to file its brief to April 17, 2015.

Respectfully submitted,

Jana Duty

District Attorney

Williamson County, Texas

/s/ John C. Prezas

John C. Prezas

Assistant District Attorney

State Bar Number 24041722

405 Martin Luther King #1

Georgetown, Texas 78626

(512) 943-1248

(512) 943-1255 (fax)

jprezas@wilco.org

Certificate of Service

This is to certify that on February 12, 2015, a copy of the foregoing motion has 

been sent to Appellant’s attorney of record, Ms. Kristen Jernigan, 207 S. Austin Ave. 

Georgetown, Texas 78626, kristen@txcrimapp.com by eservice.

/s/ John C. Prezas 

John C. Prezas